Legal Profession Notes 09 - 20

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SEPTEMBER 20, 2020

LEGAL PROFESSION

I. Prerogative of the Supreme Court in the Admission to the Practice of Law


Article VIII Section 5 Par 5 states that the supreme court has the power to promulgate rules
concerning xxx the admission to the practice of law

Special Courts: Sandigan Bayan, Court of Tax Appeals, Shari’a Law District Courts, Shari’a
Circuit Courts

Rules of Court - Rule 139-B - Disbarment and Discipline of Attorneys


Supreme Court - Motu propio, in charge of disbarment, suspension, and discipline of
attorneys
Integrated Bar of the Philippines - in charge of disbarment, suspension, and discipline
of attorneys

IBP Board of Governors (IBP-BoG)


Upon referral of SC or by Chapter Board of Officers, or any person,
initiate and prosecute proper charges against erring attorneys

Requirement of the verified complaint


Clear and concise of the facts complained
Shall be supported by affidavits of persons having personal knowledge
Six (6) Copies of the verified complaint shall be filed wit the Sec of IBP or Sec of
any of its chapter who shall transmit the same to the IBP GoP for assignment of
Investigator

National Grievance Investigators – 1- 3 (under special circumstance so warrant)


investigators

Appointment and Oath of Office of NGI shall be submitted to the Supreme Court

Basis for Disqualifications for NGI

Relationship within the fourth degree of consanguinity of affinity


to any of the parties of their counsel, pecuniary interest, personal bias,
or his having acted as counsel to his acting as such Investigator.

Investigator may also be removed for cause, after due hearing, by the
vote of at least six (6) members of the IBP Board of Governors

In the Matter of the Petitions for Admission to the Bar of Unsuccessful Candidates of
1946 to 1953; Albino Cunanan, et al., March 18, 1954

Contention: Passage of Republic Act 972 popularly known as Bar Flunkers Act of 1953
This bill becomes a law without the president’s signature (veto was not provided after
within 30 days from the receipt thereof)

Sect. 1 – Not w/standing Rule 127 Sec 14 Rules of Court


Any bar candidates obtaining:
70% After July 04, 1946 – August 1951
71% 1952
72% 1953
73% 1954
74% 1955
Without 50% = will be a member of the bar
Sect. 2 -75% in any subject

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